Mental incapacity in Scotland

We are incrementally developing a new set of content on Scottish private client law for Scottish practitioners. The content will provide an essential resource for Scottish practitioners, as well as practitioners in England and Wales with clients who need advice on cross-border issues.

The Adults with Incapacity (Scotland) Act 2000 sets out the legislative framework for safeguarding the welfare and managing the finances of those people in Scotland who are over the age of 16 and who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means not being able to act or make decisions or communicate or understand those decisions. It can also cover situations where there is difficulty retaining memory of decisions.

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